Whiteboard for 18 September 2008
Recent cases
MUTUAL ASSISTANCE IN CRIMINAL MATTERS
Appeal before CA for the second time – in R v Bujak CA allowed an appeal from a decision of the HC to register an order under the Mutual Assistance in Criminal Matters Act 1992 (the Act) and referred the case back to the HC – HCJ declined to register the order on 16 Nov 2007 and S-G had appealed – substantially more evidence was now before Court – under the Act a "foreign restraining order" could be registered so that it took effect in the same manner as if it were a domestic restraining order made under the Proceeds of Crime Act 1991- central issue in case was whether Polish orders made, in relation to respondent's property, should be characterised as foreign restraining orders
Respondent was suspected of criminal offending in Poland, including what in New Zealand would constitute obtaining money and property by false pretences, and theft by conversion, of a number of large commercial vehicles – offending was said to involve more than US$1M – there was evidence respondent disposed of his assets in Poland and imported the proceeds of his crimes into New Zealand, where he opened 6 bank accounts and acquired a property in Christchurch – S-G alleged that credits in bank accounts and property were the proceeds of alleged offending in Poland – acting under s55 of the Act, the Central Authority of the Republic of Poland requested the A-G to assist with the enforcement of an order issued by the Regional Court in Wloszczowa – that decision granted "a motion by the District Public Prosecutor in Kielce for granting an enforcement clause to the decision to impose security on property" – under Polish law, Public Prosecutor had power to make what was effectively an "order nisi"; a determination without operative effect which a Judge might render enforceable by granting an "enforcement clause", or in NZ parlance an “order absolute” – to be registered under the Act, the Polish order must constitute a "foreign restraining order", defined by s2(1) of the Act
HELD: it was clear that among the effects of the order was to freeze the property, and prevent others from dealing with it, until further order of Court – whatever label might be attached to it, that was, in point of fact, a restraint – it was immaterial that seizure authorised by Polish order was more intrusive than a mere restraint: to the extent it constituted a restraint it became an order under the Proceeds of Crimes Act; insofar as it exceeded that character it was not given effect under New Zealand law – the same answer was to be given to the fact that Polish orders nisi and absolute purported not only to freeze tainted property or benefits derived, which was authorised by s55 of the Act, but also to act as security for a penalty, which was not – it was only in respect of the former and not the latter that order under the Proceeds of Crimes Act had effect – appeal must be allowed – order made that foreign restraining order issued by the Regional Court in Wloszczowa, 2nd Penal Department, Kielce, Republic of Poland, against the respondent on 26 June 2006, be registered in New Zealand under the Mutual Assistance in Criminal Matters Act 1992.
Solicitor-General v Bujak (CA 679-2007, 1 September 2008)
Notices & notes
Pressure on criminal gangs
The Government has tabled the Search and Surveillance Powers Bill in Parliament . This bill introduces comprehensive reforms to existing search and surveillance powers. They have also announced an increase in staff at the Organised and Financial Crime Agency.
AMINZ Auckland Breakfast Seminar
The speaker is Chris LaHatte on "Life on the Steppes – and how not to litigate there" Tuesday 14 October 2008, The Northern Club. Auckland.
Take the Lead and Shape Your Future - Repeat Seminar
The Bar Council is delighted to report that as a result of the demand and the huge success of its July seminar for junior/intermediate litigators this seminar will be repeated on:
Wednesday, 29 October 2008, 1:30pm at the offices of Simpson Grierson.
Confirmed speakers include Justice Raynor Asher; Judge Fred McElrea; Alan Galbraith QC; Julian Miles QC; Jim Farmer QC and Deborah Hollings QC.
Reappointments of Visiting Justices
Associate Minister of Justice, Rick Barker has announced reappointments of 21 Visiting Justices.
Security of tenure transition policy: draft guidelines
The Ministry of Economic development has produced a report "Security of tenure for radio licences: transition plan". Responses are invited by 17 October 2008.
2008 New Zealand Insurance Law Conference
The NZILA conference will be held in Wellington over 6 - 7 November at the National Library. The theme this year will be "From the Ashes".
Anti-Money Laundering and Countering Financing of Terrorism Bill
The Ministry of Justice is currently consulting on a draft Anti-Money Laundering and Countering Financing of Terrorism Bill.
Regulating private investigators
The Ministry of Justice has released a discussion document, reviewing the Pivate Investigators and Security Guards Act 1974. Your input is invited.
Revised directors and officers disclosure regime
Stephen Layburn, Bell Gully, reports on the amendments simplifying disclosure obligations under the Securities Markets (Disclosure of Relevant Interests by Directors and Officers) Regulations which are set to come into force on 9 October 2008.
"Losing the forest for the trees: reductionism of the environment in law and policy"
Professor Klaus Bosselmann lectures on international environmental law. Tuesday 21 October 2008, 6:45pm - 8:45pm at the Faculty of Engineering, Symonds St, Auckland.
"Keeping culture free"
In this public lecture, Professor Lawrence Lessig reviews the struggle the "copyright wars" have produced, and maps a future for culture that achieves the ideals the law and industry should seek. Monday 3 November 2008 6:30pm - 8pm, University of Auckland Business School.
More mortgages qualify for KiwiSaver mortgage diversion
Amendments to the mortgage diversion regulations signed by Order in Council today allow more types of mortgages to qualify for the mortgage diversion facility.
Emissions trading scheme passes into law
Buddle Findlay’s climate change team have prepared this update which outlines changes to the Bill since its report back from select committee in June, and considers the most immediate implications for individuals and businesses.
Credit unions rules to be modernised
Governance rules for credit unions and building societies will be standardised to meet international benchmarks and align with those for companies, but will retain flexibility that recognises the special character of mutual financial institutions.
Lectures to Diversity Forum
Mohsen al Attar, a lecturer in the Faculty of Law, contributed twice to the annual New Zealand Diversity Forum hosted by the Human Rights Commission. He spoke on two separate panels. In the first, he discussed the importance of engaging Muslims in New Zealand and globally so as to challenge rising xenophobia and sectarianism. In the second, he examined recent changes to refugee law and their impact on the treatment of refugees.
Agreement in Principle with Ngati Kahu
Te Runanga-ä-iwi Ngäti Kahu, have signed an Agreement in Principle with the Crown. The Agreement in Principle outlines the broad settlement package that the parties have agreed will settle Ngati Kähu’s historical Treaty of Waitangi claims.
Agreement in Principle with Ngāti Manawa
The Crown and Te Rūnanga o Ngāti Manawa have signed an Agreement in Principle to settle the outstanding historical Treaty claims of Ngāti Manawa.
Introduction to Dispute Resolution October 1-5
This Arbitrators' & Mediators' Institute of New Zealand (AMINZ) programme is intended for people who have some qualifications, or experience that is relevant to the practice of Dispute Resolution and who would like to enhance their knowledge and to enter the AMINZ pathway to credentialing. The programme will cover the syllabus requirements for Associate membership of AMINZ, which focus on advice on and participation in ADR processes.
Australia and New Zealand Sports Law Association conference
The ANZSLA 2008 Conference 'Sport:A political football' will be held at the Melbourne Cricket Ground (MCG) between October 15th -17th.
Construction Adjudication Symposium - Construction Contracts Act 2002
Tuesday 21 October 2008 9.30am to 3.00pm
Venue: The Northern Club, 19 Princes Street, Auckland
This seminar is presented by the Arbitrators’ and Mediators’ Institute of New Zealand Inc. as part of the Institute’s continuing
professional development programme. This one-day seminar will cover topics relevant to adjudicators, lawyers and ADR students.
In the news
Deutsch, Linda. "Witness contradicts self in OJ Simpson trial". New Zealand Herald website, 17 September 2008
Garrett, David. "Good idea dressed up to catch votes. Reinstate law making it offence to associate with felons to end problem says David Garrett". New Zealand Herald, 17 September 2008, page A17
Tahana, Yvonne. "No legal basis for gang's Treaty claim - Cullen". New Zealand Herald website, 17 September 2008
"Expect prison, judge warns the bashers". New Zealand Herald, 17 September 2008, page A5
Internet sites
UK Law Society's Online Bookshop
The Law Society's Online Bookshop has now been launched. As it says on the site "There are over 100 published and forthcoming titles to choose from covering every major area of practice, ranging from conveyancing and probate through to commercial law and litigation. You will find full details on each book, including contents lists, so you can make an informed decision before you buy online. We also offer a range of legally-themed gift items from cufflinks to prints. They are ideal presents for a loved one or as a special treat for yourself." (From New on the Legal Internet, maintained by Delia Venables)